Case T-418/07: Action brought on 19 November 2007 — LIBRO v OHIM — Causley (LiBRO)
Date: 2007-11-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), data processing, information system, software, trade-mark law

12.1.2008

EN

Official Journal of the European Union

C 8/27

Action brought on 19 November 2007 — LIBRO v OHIM
— Causley (LiBRO)

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1) as there is no likelihood of confusion of
the
opposing trade marks.

(Case T-418/07)

(2008/C 8/48)

Language in which the application was lodged: German

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Parties

Action brought on 19 November 2007 — Okalux v OHIM
— Messe Düsseldorf (OKATECH)

Applicant:
Austria) (represented by: G. Prantl, lawyer)

LIBRO Handelsgesellschaft mbH (Guntramsdorf,

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Dagmar Causley (Pleidesheim, Germany)

Form of order sought

for Harmonisation in the

— Annul the decision of the Fourth Board of Appeal of the
Office
Internal Market of
3 September 2007 (Case 1454/2005-4) and alter it so as to
allow the applicant's appeal
lodged with the Office for
Harmonisation in the Internal Market and as a consequence
to reject the objection in its entirety;

— Order the Office for Harmonisation in the Internal Market

and any interveners jointly to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: LIBRO Handelsgesellschaft
mbH

Community trade mark concerned: the word and figurative mark
‘LiBRO’ for goods and services in classes 2, 9, 14, 16, 18, 20,
25, 28, 35, 38, 41 and 42 (Application No 2 616 753).

Proprietor of the mark or sign cited in the opposition proceedings:
Dagmar Causley.

(Case T-419/07)

(2008/C 8/49)

Language in which the application was lodged: German

Parties

Applicant: Okalux GmbH (Marktheidenfeld, Germany)
sented by: M. Beckensträter, lawyer)

(repre-

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Messe Düsseldorf GmbH

Form of order sought

— Annul

the decision of

the Second Board of Appeal of
3 September 2007 in Case R 766/2007-2, notified on
18 September 2007, and dismiss the application for partial
revocation of 16 December 2006 of Community trade mark
No 915 058 for the reasons stated in the appeal of 16 May
2007;

— Alternatively, refer the case back for decision on the appeal

of 16 May 2007 to the Cancellation Division;

— Order the defendant or the other parties to the proceedings
before the Board of Appeal to pay the reimbursable costs,
including the costs of the main proceedings.

Mark or sign cited in opposition: The figurative mark ‘LIBERO’ for
goods and services in classes 9, 38 and 42 (Community trade
mark No 401 141).

Pleas in law and main arguments

Decision of the Opposition Division: partial rejection of the appli-
cation.

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: the word mark ‘OKATECH’ for goods
and services in classes 6, 19 and 42 (Community trade mark
No 915 058).

Decision of the Board of Appeal: partial annulment of the decision
of the Opposition Division.

Proprietor of the Community trade mark: Okalux GmbH